THE OMBUDSMAN AND THE INTERNATIONAL CONVENTIONS
work, involving concrete cases and visits to institutions. The Ombudsman can
thereby rest on the authority and legitimacy which the institution has built up
over the last 60 years.
The more politico-legal and advisory tasks in relation to the legislative power are
handled by other bodies which have been created for that purpose. These are,
among others, the Ombudsman’s collaborative partners in relation to the UN
Convention against Torture (the Danish Institute for Human Rights and DIGNITY ‒ the Danish Institute Against Torture) and the UN Convention for the
Rights of the Child (the Danish National Council for Children and the Danish
NGO Børns Vilkår together with the Danish Institute for Human Rights).
According to established practice, the Ombudsman does not give consultation
responses to parliamentary bills, unless the bill concerns the institution’s own
circumstances. This practice continues.
But what if the Danish Parliament passes a bill which on closer inspection
causes problems in relation to the conventions? What will the Ombudsman do
then?
It is a fact that the Ombudsman’s jurisdiction does not extend to Parliament and
its activities. The Ombudsman cannot, for instance, determine whether a bill
passed by Parliament is contrary to the Constitution.
But the Ombudsman may – with reference to the Ombudsman Act – inform a
minister or Parliament that a law or a legal status is incompatible with Denmark’s
international obligations and possibly in need of an amendment. This is a rare
occurrence. But it has happened.
2012
Protection of children’s rights: The UN Convention on the Rights of the Child from 1989 was
ratified by Denmark in 1991.
The Convention on the Rights of the Child does not (contrary to the protocol of the Convention against
Torture) make express demands for a special independent children’s ombudsman. However, the UN
Children’s Committee has for several years recommended the establishment of such bodies. In 2011, the
Committee made a specific recommendation to Denmark that, in addition to the independent, interdisciplinary advocate body, the National Council for Children, a special ‘facility’ be set up within the existing
ombudsman system.
The recommendation led to the establishment of the Ombudsman’s Children’s Division in 2012 which,
together with the Danish National Council for Children and the Danish NGO Børns Vilkår, constitutes a
children’s ombudsman in Denmark. As a national human rights institution, the Danish Institute for Human
Rights also plays an important role in monitoring compliance with the Convention in Denmark.
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